Introduction to the Law of Trusts by Simon Gardner

Book review of Prof Gardiner's work on Trusts, thrid edition.

Overlapping of legal concepts:classifying the law of trusts

The purpose of this piece is to explain how the trust concept fits the overlapping analysis, presenting an example of why discrete categorisation is often unhelpful in understanding the operation of legal concepts.

Certainty of subject matter in the law of trusts

This piece argued that the accepted orthodoxy concerning the requirement that each individual piece of property is individually segregated for a valid trust to exist is unsupported by the case law, and that there is nothing wrong in principle or theory with a trust that exists for unsegregated property.

The 'law of requisite variety' may assist climate change negotiations:a review of the Kyoto and Durban meetings

Ashby wrote about cybernetics, during which discourse he described a Law that attempts to resolve difficulties arising in complex situations – he suggested using variety to combat complexity. In this paper, we note that the delegates to the UN Framework Convention on Climate Change (UNFCCC) meeting in Kyoto, 1997, were offered a ‘simplifying solution’ to cope with the complexity of discussing multiple pollutants allegedly contributing to ‘climate change’. We assert that the adoption of CO2eq has resulted in imprecise thinking regarding the ‘carbon footprint’ – that is, ‘CO2’ – to the exclusion of other pollutants. We propose, as Ashby might have done, that the CO2eq and other factors within the ‘climate change’ negotiations be disaggregated to allow careful and specific individual solutions to be agreed on each factor. We propose a new permanent and transparent ‘action group’ be in charge of agenda setting and to manage the messy annual meetings. This body would be responsible for achieving accords at these annual meetings, rather than forcing this task on national hosts. We acknowledge the task is daunting and we recommend moving on from Ashby's Law to Beer's Viable Systems approach.

Martingálmértékek és a várható diszkontált jelenérték szabály (Martingale measures and the law of the discounted present value)

A dolgozatban a legegyszerűbb kérdést feszegetjük: Hogyan kell az árakat meghatározni véletlen jövőbeli kifizetések esetén. A tárgyalás némiképpen absztrakt, de a funkcionálanalízis néhány közismert tételén kívül semmilyen más mélyebb matematikai területre nem kell hivatkozni. A dolgozat kérdése, hogy miként indokolható a várható jelenérték szabálya, vagyis hogy minden jövőbeli kifizetés jelen időpontban érvényes ára a jövőbeli kifizetés diszkontált várható értéke. A dologban az egyetlen csavar az, hogy a várható értékhez tartozó valószínűségi mértékről nem tudunk semmit. Csak annyit tudunk, hogy létezik a matematikai pénzügyek legtöbbet hivatkozott fogalma, a misztikus Q mérték. A dolgozat megírásának legfontosabb indoka az volt, hogy megpróbáltam kiiktatni a megengedett portfólió fogalmát a származtatott termékek árazásának elméletéből. Miként közismert, a származtatott termékek árazásának elmélete a fedezés fogalmára épül. (...) ____ In the article the author discusses some problems of the existence of the martingale measure. In continuous time models one should restrict the set of self financing portfolios and introduce the concept of the admissible portfolios. But to define the admissible portfolios one should either define them under the martingale measure or to turn the set of admissible portfolios to a cone which makes the interpretation of the pricing formula difficult.

Black churchgoers, environmental activism, and the preservation of nature in Miami, Florida

The goal of this project was to explore activism, attitudes, and imagery connecting Black churchgoers in Miami, Florida and the natural environment. The research approach was qualitative, began as exploratory research, and used the techniques of snowball sampling, participant observation, and semi-structured interviews. Three case studies representing various socio-economic levels, denominations, participant education levels, and environmental facets were chosen for in-depth ethnographic research. There are three major findings in the research. First, there is a link between the preservation of Black history and the preservation of the environment among Black churchgoers, who feel strong connections to a sense of place, rural life, and the past. However their work is strongly directed to bring about benefits for people and the environment in the present and the future. Second, public access to public lands is a basic and important right espoused by these Black churchgoing activists. Third, the vocabulary used by Black churchgoing activists regarding the natural environment differs from today's “mainstream” environmentalists. The concept of “beauty” is pivotal to Black appreciation of and activism toward the environment and is reminiscent of the early environmental protection movement in the United States and conservationists such as John Muir. These findings concerning how Black spirituality relates to the environment adds to the sparse literature on the subject, and provides for potential linkages between Blacks and “mainstream” environmental groups to benefit both parties. An understanding of the connections between Black spirituality and perceptions of the environment should facilitate the development of better programs to improve and protect the environment. Environmental projects may also address the social and economic needs of Black communities, churches, and congregations, as well as the ecosystem. ^

State legislative term limits and the law of unintended consequences: An examination of member behavior, power structures, and legislative organization in Florida

The implementation of term limits on state legislators has provided a wealth of data for study. Florida, the second largest state in the Union with term limits, has not been comprehensively studied. This research examines the effects of term limits on electoral competition, member composition, legislator career paths, legislative leadership, and intra- and inter-governmental influences on Florida's legislature. This study looks at the Florida legislature from 1992 when term limits were enacted through 2004, three electoral cycles in which term limits have been in effect. This study uses both quantitative and qualitative data where appropriate. Electoral data is used to assess electoral and demographic effects, as well as member career trajectories. Interview data with current and former legislators, lobbyists, and executive branch officials is used to analyze both changes in legislative organization and intra- and inter-governmental influences on the legislative process. Term limits has only created greater competition when a legislative seat opens and has actually created a greater advantage for incumbents. Women and minorities have only made minimal gains in winning seats post-term limits. Newly elected legislators are not political novices with a vast majority having previous elective experience. Leadership is more centralized under term limits and the Senate has gained an advantage over the more inexperienced House. Lastly, the influence of staff, lobbyists, and most importantly, the governor has greatly increased under term limits. This research finds that term limits have not produced the consequences that proponents had envisioned.^

The Everglades Ecosystem and the Politics of Nature

In this article, I offer an institutional history of the ecosystem concept, tracing shifts in its meaning and application as it has become the key organizing principle for the Everglades restoration program in Florida. Two institutional forms are analyzed here: (1) quasigovernmental organizations, a term I use to describe interagency science collaboratives and community stakeholder organizations, and (2) government bureaucracies, which are the administrative agencies tasked with Everglades restoration planning and implementation. In analyzing these knowledge trajectories, I both document the complex networks of relations that facilitate the ecosystem’s emergence as an object of knowledge and examine the bureaucratic claims to authority that circumscribe the ecosystem’s transformation into policy.

Modernist Ecology: Modernism and the Reimagination of Nature

Countering the trend in contemporary ecocriticism to advance realism as an environmentally responsible mode of representation, this essay argues that the anti-realist aesthetics of literary modernism were implicitly “ecological.” In order to make this argument I distinguish between contemporary and modernist ecological culture (both of which I differentiate in turn from ecological science); while the former is concerned primarily with the practical reform characteristic of what we now call “environmentalism,” the latter demanded an all-encompassing reimagination of the relationship between humanity and nature. “Modernist ecology,” as I call it, attempted to envision this change, which would be ontological or metaphysical rather than simply social, through thematically and formally experimental works of art. Its radical vision, suggestive in some ways of today’s “deep” ecology, repudiated modern accounts of nature as a congeries of inert objects to be manipulated by a sovereign subject, and instead foregrounded the chiasmic intertexture of the subject/object relationship. In aesthetic modernism we encounter not “objective” nature, but “nature-being” – a blank substratum beneath the solid contours of what philosopher Kate Soper calls “lay nature” – the revelation of which shatters historical constructions of nature and alone allows for radical alternatives. This essay looks specifically at modernist ecology as it appears in the works of W. B. Yeats, D. H. Lawrence, and Samuel Beckett, detailing their attempts to envision revolutionary new ecologies, but also their struggles with the limited capacity of esoteric modernist art to effect significant ecological change on a collective level.

Commentary on Copinger's Law of Copyright (1870)

A landmark treatise on the law of copyright, establishing a body of work that still has great relevance for professionals and academics today.
The commentary situates the publication of the treatise in the context of the emerging trends in legal publishing in the mid- to late nineteenth century. It considers Copinger's theoretical approach to the subject of copyright, and explores the significance of the writings and work of two American jurists George Ticknor Curtis and Justice Joseph Story in shaping Copinger's attitude and approach to the copyright regime.

Sports coaching and the law of negligence: implications for coaching practice

The ordinary principles of the law of negligence are applicable in the context of sport, including claims brought against volunteer and professional coaches. Adopting the perspective of the coach, this article intends to raise awareness of the emerging intersection between the law of negligence and sports coaching, by utilising an interdisciplinary analysis designed to better safeguard and reassure coaches mindful of legal liability. Detailed scrutiny of two cases concerning alleged negligent coaching, with complementary discussion of some of the ethical dilemmas facing modern coaches, reinforces the legal duty and obligation of all coaches to adopt objectively reasonable and justifiable coaching practices when interacting with athletes. Problematically, since research suggests that some coaching practice may be underpinned by “entrenched legitimacy” and “uncritical inertia”, it is argued that coach education and training should place a greater emphasis on developing a coach’s awareness and understanding of the evolving legal context in which they discharge the duty of care incumbent upon them.

‘Article 16’ Provision, Commentary on the Law of the International Criminal Court

The Commentary on the Law of the International Criminal Court provides an online provision-by-provision analysis of the Rome Statute and the Rules of Procedure and Evidence of the International Criminal Court.

How game changers catalyzed, disrupted, and incentivized social innovation: three historical cases of nature conservation, assimilation, and women’s rights

We explore the impact of “game changers” on the dynamics of innovation over time in three problem domains, that of wilderness protection, women’s rights, and assimilation of indigenous children in Canada. Taking a specifically historical and cross-scale approach, we look at one social innovation in each problem domain. We explore the origins and history of the development of the National Parks in the USA, the legalization of contraception in the USA and Canada, and the residential school system in Canada. Based on a comparison of these cases, we identify three kinds of game changers, those that catalyze social innovation, which we define as “seminal,” those that disrupt the continuity of social innovation, which we label exogenous shocks, and those that provide opportunities for novel combinations and recombinations, which we label as endogamous game changers.